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Google Keyword Rankings for : why does judicial review require constitutional justification
1
Public | Judicial Review | Constitutional: Justification - bits of law
http://www.bitsoflaw.org/public/judicial-review/model-answer/degree/constitutional-justification
By reviewing the acts and decisions of public bodies, to determine whether they have exceeded the powers passed to them by Parliament, the ...
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http://www.bitsoflaw.org/public/judicial-review/model-answer/degree/constitutional-justification
By reviewing the acts and decisions of public bodies, to determine whether they have exceeded the powers passed to them by Parliament, the ...
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2
Judicial review in the United States - Wikipedia
https://en.wikipedia.org/wiki/Judicial_review_in_the_United_States
In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates ...
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https://en.wikipedia.org/wiki/Judicial_review_in_the_United_States
In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates ...
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3
Justifying the Judicial Review of Fundamental Rights
https://academic.oup.com/book/2914/chapter/143561751
The institution of constitutional judicial review involves allowing judges to scrutinize legislative or executive acts3 for their conformity with a bill of ...
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https://academic.oup.com/book/2914/chapter/143561751
The institution of constitutional judicial review involves allowing judges to scrutinize legislative or executive acts3 for their conformity with a bill of ...
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4
Judicial review | Definition, Forms, & Facts - Britannica
https://www.britannica.com/topic/judicial-review
Actions judged inconsistent are declared unconstitutional and, therefore, null and void.
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https://www.britannica.com/topic/judicial-review
Actions judged inconsistent are declared unconstitutional and, therefore, null and void.
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5
Constitutional Dialogue and the Justification of Judicial Review
https://www.jstor.org/stable/3600687
the rescue of the legislative will. It does not follow that the court should intervene whenever its reading of the statute differs from the official's reading: ...
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https://www.jstor.org/stable/3600687
the rescue of the legislative will. It does not follow that the court should intervene whenever its reading of the statute differs from the official's reading: ...
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6
The debate about the justification of constitutional review
https://www.abdn.ac.uk/law/blog/the-debate-about-the-justification-of-constitutional-review-six-theses/
If, by contrast, someone believes that the interpretation of human rights is primarily a technical legal exercise, she must hold that judicial ...
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https://www.abdn.ac.uk/law/blog/the-debate-about-the-justification-of-constitutional-review-six-theses/
If, by contrast, someone believes that the interpretation of human rights is primarily a technical legal exercise, she must hold that judicial ...
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7
Judicial Review :: Article III. Judicial Department - Justia Law
https://law.justia.com/constitution/us/article-3/23-judicial-review.html
Nonetheless, although judicial review is consistent with several provisions of the Constitution and the argument for its existence may be derived from them, ...
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https://law.justia.com/constitution/us/article-3/23-judicial-review.html
Nonetheless, although judicial review is consistent with several provisions of the Constitution and the argument for its existence may be derived from them, ...
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8
Judicial review | The Institute for Government
https://www.instituteforgovernment.org.uk/explainers/judicial-review
There are three main grounds of judicial review: illegality, procedural unfairness, and irrationality. A decision can be overturned on the ground of illegality ...
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https://www.instituteforgovernment.org.uk/explainers/judicial-review
There are three main grounds of judicial review: illegality, procedural unfairness, and irrationality. A decision can be overturned on the ground of illegality ...
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9
The constitutional justifications of JR - Recap - StuDocu
https://www.studocu.com/en-gb/document/university-of-law/public-law/the-constitutional-justifications-of-jr-recap/12875874
Why does judicial review requires constitutional justification? The courts need to justify their judicial review function, since in carrying out judicial review ...
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https://www.studocu.com/en-gb/document/university-of-law/public-law/the-constitutional-justifications-of-jr-recap/12875874
Why does judicial review requires constitutional justification? The courts need to justify their judicial review function, since in carrying out judicial review ...
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10
judicial review | Wex | US Law | LII / Legal Information Institute
https://www.law.cornell.edu/wex/judicial_review
The text of the Constitution does not contain a specific provision for the power of judicial review. Rather, the power to declare laws ...
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https://www.law.cornell.edu/wex/judicial_review
The text of the Constitution does not contain a specific provision for the power of judicial review. Rather, the power to declare laws ...
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11
Constitutional Justifications of Judicial Review - Quizlet
https://quizlet.com/gb/552978110/constitutional-justifications-of-judicial-review-flash-cards/
o The grounds of judicial review are judicially created. These aren't grounds that parliament has legislated and set out. Constitutionally, Parliament is ...
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https://quizlet.com/gb/552978110/constitutional-justifications-of-judicial-review-flash-cards/
o The grounds of judicial review are judicially created. These aren't grounds that parliament has legislated and set out. Constitutionally, Parliament is ...
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12
(PDF) The logic of justification of judicial review - ResearchGate
https://www.researchgate.net/publication/249251697_The_logic_of_justification_of_judicial_review
On the one hand, courts must safeguard the supremacy of the constitution as positive law; on the other, they must not inhibit democracy. None of ...
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https://www.researchgate.net/publication/249251697_The_logic_of_justification_of_judicial_review
On the one hand, courts must safeguard the supremacy of the constitution as positive law; on the other, they must not inhibit democracy. None of ...
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13
Fundamental principles of judicial review - The Law Society
https://www.lawsociety.org.uk/topics/human-rights/fundamental-principles-of-judicial-review
Importantly, judicial review cannot be used to challenge the substance (or merits) of the decision taken by a public authority. It's limited to ruling on ...
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https://www.lawsociety.org.uk/topics/human-rights/fundamental-principles-of-judicial-review
Importantly, judicial review cannot be used to challenge the substance (or merits) of the decision taken by a public authority. It's limited to ruling on ...
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14
THE PUZZLING RESISTANCE TO JUDICIAL REVIEW OF THE ...
https://www.bu.edu/law/journals-archive/bulr/volume91n6/documents/BAR-SIMAN-TOV.pdf
leading constitutional theories justifying and opposing judicial review. It ... federalism) does the court examine the legislative record to ensure the.
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https://www.bu.edu/law/journals-archive/bulr/volume91n6/documents/BAR-SIMAN-TOV.pdf
leading constitutional theories justifying and opposing judicial review. It ... federalism) does the court examine the legislative record to ensure the.
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15
Judicial Review and the Supreme Court - UMKC School of Law
http://law2.umkc.edu/faculty/projects/ftrials/conlaw/judicialrev.htm
The Constitution does not expressly provide for judicial review. What should be made of this fact? Does it suggest that the framers did not intend to give the ...
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http://law2.umkc.edu/faculty/projects/ftrials/conlaw/judicialrev.htm
The Constitution does not expressly provide for judicial review. What should be made of this fact? Does it suggest that the framers did not intend to give the ...
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16
The Justification of Constitutional Review - De Gruyter
https://www.degruyter.com/document/doi/10.12987/9780300148688-006/pdf
the institution of judicial review of legislation is relatively easy to ... rules do not exhaust the requirements of justice that the constitution.
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https://www.degruyter.com/document/doi/10.12987/9780300148688-006/pdf
the institution of judicial review of legislation is relatively easy to ... rules do not exhaust the requirements of justice that the constitution.
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17
Judicial Review - Annenberg Classroom
https://www.annenbergclassroom.org/glossary_term/judicial-review/
Judicial review is the power of an independent judiciary, or courts of law, to determine whether the acts of other components of the government are in ...
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https://www.annenbergclassroom.org/glossary_term/judicial-review/
Judicial review is the power of an independent judiciary, or courts of law, to determine whether the acts of other components of the government are in ...
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18
Ultra Vires and the Foundations of Judicial Review
https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=3754&context=facpub
The controls over the way in which discretionary power was exercised were, moreover, justified by reference to legislative intent: it would be argued, for ...
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https://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=3754&context=facpub
The controls over the way in which discretionary power was exercised were, moreover, justified by reference to legislative intent: it would be argued, for ...
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19
Guide to Judicial Review in Divisional Court
https://www.ontariocourts.ca/scj/files/pubs/guide-div-ct-judicial-review-EN.pdf
Judicial review is a process by which courts make sure that the decisions of ... has a duty to do something, but did not, then the Court may require.
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https://www.ontariocourts.ca/scj/files/pubs/guide-div-ct-judicial-review-EN.pdf
Judicial review is a process by which courts make sure that the decisions of ... has a duty to do something, but did not, then the Court may require.
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20
The European model of constitutional review of legislation (1)
https://www.venice.coe.int/SACJF/2006_02_Venice_Strasbourg/report_mazak.htm
b) A constitutional question (preliminary request or concrete control ) is a tool for raising the problem of unconstitutionality of a statute by ordinary judges ...
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https://www.venice.coe.int/SACJF/2006_02_Venice_Strasbourg/report_mazak.htm
b) A constitutional question (preliminary request or concrete control ) is a tool for raising the problem of unconstitutionality of a statute by ordinary judges ...
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21
Constitutional Democracy and the Legitimacy of Judicial Review
https://cpb-us-w2.wpmucdn.com/web.sas.upenn.edu/dist/e/483/files/2018/07/constitutional_democracy_law_and_philosophy_1991-25vj4h2.pdf
review, if appropriately exercised, does not undermine the bases of democracy. ... judicial review, not that principle, that requires justification".
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https://cpb-us-w2.wpmucdn.com/web.sas.upenn.edu/dist/e/483/files/2018/07/constitutional_democracy_law_and_philosophy_1991-25vj4h2.pdf
review, if appropriately exercised, does not undermine the bases of democracy. ... judicial review, not that principle, that requires justification".
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22
Nino - A philosophical reconstruction of judicial review.pdf
http://www.stafforini.com/nino/Nino%20-%20A%20philosophical%20reconstruction%20of%20judicial%20review.pdf
mocracy, judicial review's justification is rather mysterious (as at- ... Marshall could reply that a constitution that requires judges to.
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http://www.stafforini.com/nino/Nino%20-%20A%20philosophical%20reconstruction%20of%20judicial%20review.pdf
mocracy, judicial review's justification is rather mysterious (as at- ... Marshall could reply that a constitution that requires judges to.
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23
Judicial review: Time for change? - House of Lords Library
https://lordslibrary.parliament.uk/judicial-review-time-for-change/
Judicial review involves a judge reviewing the lawfulness of a decision that has been made by a public body. Following the Government's ...
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https://lordslibrary.parliament.uk/judicial-review-time-for-change/
Judicial review involves a judge reviewing the lawfulness of a decision that has been made by a public body. Following the Government's ...
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24
Constitutional Public Reason (Chapter 5) - Judicial Review in ...
https://www.cambridge.org/core/books/judicial-review-in-an-age-of-moral-pluralism/constitutional-public-reason/3AAC8A04500948EA9A2591EDA3183CB2
The constitutional requirement that the most important laws be unquestionably publicly justified would foster the same basic equal legal rights for all of ...
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https://www.cambridge.org/core/books/judicial-review-in-an-age-of-moral-pluralism/constitutional-public-reason/3AAC8A04500948EA9A2591EDA3183CB2
The constitutional requirement that the most important laws be unquestionably publicly justified would foster the same basic equal legal rights for all of ...
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25
Against judicial supremacy in constitutional interpretation
https://journals.openedition.org/revus/3659
An even stronger form of judicial review “would empower the courts to ... justification of judicial supremacy is: can the conditions required by the CCD be ...
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https://journals.openedition.org/revus/3659
An even stronger form of judicial review “would empower the courts to ... justification of judicial supremacy is: can the conditions required by the CCD be ...
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26
Constitutional Logic Timothy Endicott∗ Ultra vires means ...
https://ora.ox.ac.uk/objects/uuid:018a52bf-a71d-465b-8c2d-7c489c86f87b/download_file?file_format=pdf&safe_filename=Constitutional%2BLogic.pdf&type_of_work=Journal+article
constitutional justification for judicial review of the exercise of ... court would be acting contrary to Parliament's will by requiring a hearing).
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https://ora.ox.ac.uk/objects/uuid:018a52bf-a71d-465b-8c2d-7c489c86f87b/download_file?file_format=pdf&safe_filename=Constitutional%2BLogic.pdf&type_of_work=Journal+article
constitutional justification for judicial review of the exercise of ... court would be acting contrary to Parliament's will by requiring a hearing).
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27
The Core of an Unqualified Case for Judicial Review
https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1522&context=blr
A right is constitutionally entrenched if the constitution requires that the ... judicial review is justified because it strengthens the protection of ...
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https://brooklynworks.brooklaw.edu/cgi/viewcontent.cgi?article=1522&context=blr
A right is constitutionally entrenched if the constitution requires that the ... judicial review is justified because it strengthens the protection of ...
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28
The Puzzling Presumption of Reviewability
https://repository.law.umich.edu/cgi/viewcontent.cgi?article=2366&context=articles
tutional concerns would favor review of constitutional claims, not any and all claims of agency wrongdoing. As for policy considerations, judicial review ...
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https://repository.law.umich.edu/cgi/viewcontent.cgi?article=2366&context=articles
tutional concerns would favor review of constitutional claims, not any and all claims of agency wrongdoing. As for policy considerations, judicial review ...
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29
Judicial Review and Democracy: A Theory of Judicial Review
https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1744&context=scholarly_works
of the Charter does not require the Court to make political choices ... rather over what type of judicial review can be justified in a demo- cratic polity.
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https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1744&context=scholarly_works
of the Charter does not require the Court to make political choices ... rather over what type of judicial review can be justified in a demo- cratic polity.
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30
Judicial Review in the United States | Office of Justice Programs
https://www.ojp.gov/ncjrs/virtual-library/abstracts/judicial-review-united-states
The legitimacy of such judicial review has been established through the supremacy clause of the Constitution, which requires that all laws passed in the ...
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https://www.ojp.gov/ncjrs/virtual-library/abstracts/judicial-review-united-states
The legitimacy of such judicial review has been established through the supremacy clause of the Constitution, which requires that all laws passed in the ...
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31
Reducing the Power of the Supreme Court: Neither Liberal nor ...
https://nyujlpp.org/quorum/segall-sprigman-reducing-power-supreme-court/
Our founders' original understanding of the Supreme Court's power of judicial review was that the justices would use their authority ...
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https://nyujlpp.org/quorum/segall-sprigman-reducing-power-supreme-court/
Our founders' original understanding of the Supreme Court's power of judicial review was that the justices would use their authority ...
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32
Constitutional Law
https://www.law.nyu.edu/sites/default/files/upload_documents/ConLaw.Rodriguez.sp.04.doc
Judicial Review. Justifications: Written constitution – without JR, C would be subject to whims of legislature; Judicial role – role of courts is to ...
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https://www.law.nyu.edu/sites/default/files/upload_documents/ConLaw.Rodriguez.sp.04.doc
Judicial Review. Justifications: Written constitution – without JR, C would be subject to whims of legislature; Judicial role – role of courts is to ...
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33
Marbury v. Madison (1803) - National Archives |
https://www.archives.gov/milestone-documents/marbury-v-madison
Marbury then sued to obtain it. With his decision in Marbury v. Madison, Chief Justice John Marshall established the principle of judicial ...
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https://www.archives.gov/milestone-documents/marbury-v-madison
Marbury then sued to obtain it. With his decision in Marbury v. Madison, Chief Justice John Marshall established the principle of judicial ...
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34
Constitutional democracy and the legitimacy of ... - Springer
https://link.springer.com/content/pdf/10.1007%2FBF00212703.pdf
review, if appropriately exercised, does not undermine the bases of democracy. ... judicial review, not that principle, that requires justification".
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https://link.springer.com/content/pdf/10.1007%2FBF00212703.pdf
review, if appropriately exercised, does not undermine the bases of democracy. ... judicial review, not that principle, that requires justification".
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35
Justifying the culture of justification
http://eprints.lse.ac.uk/88041/2/Justifying_the_culture_of_justification.pdf
politics, this status requires that any law or act be justified not only procedurally ... constitutional judicial review must be judicial review of primary ...
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http://eprints.lse.ac.uk/88041/2/Justifying_the_culture_of_justification.pdf
politics, this status requires that any law or act be justified not only procedurally ... constitutional judicial review must be judicial review of primary ...
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36
The Writ-of-Erasure Fallacy - Supreme Court
https://www.supremecourt.gov/opinions/URLs_Cited/OT2017/16-476/16-476-3.pdf
When a court announces that a statute violates the Constitution, ... But judicial review does not give the federal courts a preclear.
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https://www.supremecourt.gov/opinions/URLs_Cited/OT2017/16-476/16-476-3.pdf
When a court announces that a statute violates the Constitution, ... But judicial review does not give the federal courts a preclear.
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37
Judicial Review Landmark Cases
https://judiciallearningcenter.org/the-power-of-judicial-review/
Article III of the U.S. Constitution describes the powers and duties of the judicial branch. Nowhere does it mention the power of the courts to review ...
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https://judiciallearningcenter.org/the-power-of-judicial-review/
Article III of the U.S. Constitution describes the powers and duties of the judicial branch. Nowhere does it mention the power of the courts to review ...
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38
Enforcement Lawmaking and Judicial Review
https://harvardlawreview.org/2022/02/enforcement-lawmaking-and-judicial-review/
Courts have authorized judicial review earlier and to greater ... did in providing only “bare-bones” justification for terminating the ...
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https://harvardlawreview.org/2022/02/enforcement-lawmaking-and-judicial-review/
Courts have authorized judicial review earlier and to greater ... did in providing only “bare-bones” justification for terminating the ...
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39
Why Judicial Review? - CORE
https://core.ac.uk/download/pdf/30906932.pdf
normative legitimacy,2 what outputs does judicial review offer that might help overcome ... constitutional review, the Norwegian court largely issued brief, ...
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https://core.ac.uk/download/pdf/30906932.pdf
normative legitimacy,2 what outputs does judicial review offer that might help overcome ... constitutional review, the Norwegian court largely issued brief, ...
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40
Common Law Constitutional Interpretation - Chicago Unbound
https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2999&context=journal_articles
After Alexander Hamilton's famous justification of judicial review in ... common law approach, by contrast, does not require that the law cohere in this way ...
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https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2999&context=journal_articles
After Alexander Hamilton's famous justification of judicial review in ... common law approach, by contrast, does not require that the law cohere in this way ...
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41
Democracy as the moral justification for judicial review
https://www.auspublaw.org/blog/2020/04/democracy-as-the-moral-justification-for-judicial-review
The justification for judicial review of legislative action in Australia is that it is aimed primarily at ensuring that the Commonwealth and ...
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https://www.auspublaw.org/blog/2020/04/democracy-as-the-moral-justification-for-judicial-review
The justification for judicial review of legislative action in Australia is that it is aimed primarily at ensuring that the Commonwealth and ...
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42
ArtIII.S1.3 Marbury v. Madison and Judicial Review
https://constitution.congress.gov/browse/essay/artIII-S1-3/ALDE_00013514/
However, the Constitution does not expressly grant the federal courts the power ... from the philosophical justification for judicial review as arising from ...
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https://constitution.congress.gov/browse/essay/artIII-S1-3/ALDE_00013514/
However, the Constitution does not expressly grant the federal courts the power ... from the philosophical justification for judicial review as arising from ...
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43
Moyn-Testimony.pdf - The White House
https://www.whitehouse.gov/wp-content/uploads/2021/06/Moyn-Testimony.pdf
Hearing on “The Court's Role in Our Constitutional System”. June 30, 2021 ... would affect judicial review of legislative enactments.
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https://www.whitehouse.gov/wp-content/uploads/2021/06/Moyn-Testimony.pdf
Hearing on “The Court's Role in Our Constitutional System”. June 30, 2021 ... would affect judicial review of legislative enactments.
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44
Marbury v. Madison | Oyez
https://www.oyez.org/cases/1789-1850/5us137
... established a precedent for judicial review in the United States, declaring that acts of Congress that conflict with the Constitution are null and void, ...
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https://www.oyez.org/cases/1789-1850/5us137
... established a precedent for judicial review in the United States, declaring that acts of Congress that conflict with the Constitution are null and void, ...
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45
JUDICIAL REVIEW OF LEGISLATIVE PURPOSE
https://www.nyulawreview.org/wp-content/uploads/2018/08/NYULawReview-83-6-Nelson.pdf
statement in terms of “motive” rather than “purpose” does not seem to have been ... requires some attention to the substance of constitutional interpreta-.
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https://www.nyulawreview.org/wp-content/uploads/2018/08/NYULawReview-83-6-Nelson.pdf
statement in terms of “motive” rather than “purpose” does not seem to have been ... requires some attention to the substance of constitutional interpreta-.
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46
The Right to Reasons and the Courts' Supervisory Jurisdiction ...
https://law.adelaide.edu.au/ua/media/1764/The%20Right%20to%20Reasons%20and%20the%20Courts%E2%80%99%20Supervisory%20Jurisdiction.pdf
In Osmond, the High Court held that administrative decision- makers do not have a ... Michael Taggart (ed), Judicial Review of Administrative Action in the ...
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https://law.adelaide.edu.au/ua/media/1764/The%20Right%20to%20Reasons%20and%20the%20Courts%E2%80%99%20Supervisory%20Jurisdiction.pdf
In Osmond, the High Court held that administrative decision- makers do not have a ... Michael Taggart (ed), Judicial Review of Administrative Action in the ...
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47
Judicial Review and the Exclusionary Rule | Emory Law
https://law.emory.edu/_includes/documents/sections/faculty-and-scholarship/articles/cloud/1999-Judicial-Review-and-the-Exclusionary-Rule.pdf
The Pepperdine Study does give a passing nod at the other justifications for ... exclusionary rule implemented constitutional judicial review in the Fourth.
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https://law.emory.edu/_includes/documents/sections/faculty-and-scholarship/articles/cloud/1999-Judicial-Review-and-the-Exclusionary-Rule.pdf
The Pepperdine Study does give a passing nod at the other justifications for ... exclusionary rule implemented constitutional judicial review in the Fourth.
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48
TITLE: JUDICIAL REVIEW IN ENGLAND AND WALES
https://discovery.ucl.ac.uk/1465970/1/Sarah%20Nason%20Thesis%20Final%20Electronic.pdf
prologue to a post culture of justification account of judicial review. ... claims, I conclude that Administrative Court judges do indeed consider their.
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https://discovery.ucl.ac.uk/1465970/1/Sarah%20Nason%20Thesis%20Final%20Electronic.pdf
prologue to a post culture of justification account of judicial review. ... claims, I conclude that Administrative Court judges do indeed consider their.
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49
Judicial Review & Parliamentary Supremacy | Judicature
https://judicature.duke.edu/articles/judicial-review-parliamentary-supremacy/
Unlike some who followed in his footsteps, Chief Justice Coke did not refer to the Magna Carta as a justification for declaring the statutes and charter as ...
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https://judicature.duke.edu/articles/judicial-review-parliamentary-supremacy/
Unlike some who followed in his footsteps, Chief Justice Coke did not refer to the Magna Carta as a justification for declaring the statutes and charter as ...
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50
When Judges Have Reasons Not to Give Reasons
https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4449&context=wlulr
judges, Roman pontiffs were required only to render decisions: they did not have to give reasons or cite well-established 'rules' as justifying their ...
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https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=4449&context=wlulr
judges, Roman pontiffs were required only to render decisions: they did not have to give reasons or cite well-established 'rules' as justifying their ...
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51
Judicial Supremacy As a Matter of Constitutional Interpretation
https://openscholarship.wustl.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3349&context=law_lawreview
review without supremacy might look like.26. While the Supreme Court has forcefully asserted that the Constitution requires judicial supremacy,27 in recent ...
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https://openscholarship.wustl.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=3349&context=law_lawreview
review without supremacy might look like.26. While the Supreme Court has forcefully asserted that the Constitution requires judicial supremacy,27 in recent ...
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52
Judicial Review and the Rule of Law - The Constitution Society
https://www.consoc.org.uk/wp-content/uploads/2013/12/J1446_Constitution_Society_Judicial_Review_WEB-22.pdf
and Parliament may wish to do in relation to judicial review. ... which provides the theoretical justification for the courts' judicial review jurisdiction.
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https://www.consoc.org.uk/wp-content/uploads/2013/12/J1446_Constitution_Society_Judicial_Review_WEB-22.pdf
and Parliament may wish to do in relation to judicial review. ... which provides the theoretical justification for the courts' judicial review jurisdiction.
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53
The Role of Governmental Purpose in Constitutional Judicial ...
https://repository.uchastings.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2137&context=faculty_scholarship
of divining purpose varies with the applicable level of judicial review. Part 11 ... does not require students to choose between their religious.
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https://repository.uchastings.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2137&context=faculty_scholarship
of divining purpose varies with the applicable level of judicial review. Part 11 ... does not require students to choose between their religious.
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54
Philosophical Foundations of Judicial Review Cristina Lafont ...
https://philosophy.northwestern.edu/documents/cv-resume/lafont-cristina/Cristina%20Lafont.Judicial%20Review.pdf
other things being equal, constitutional democracies with judicial review of ... justified in this way does not mean that it is the only institution that ...
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https://philosophy.northwestern.edu/documents/cv-resume/lafont-cristina/Cristina%20Lafont.Judicial%20Review.pdf
other things being equal, constitutional democracies with judicial review of ... justified in this way does not mean that it is the only institution that ...
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55
The Constitutional Limits to Court-Stripping
https://scholarship.law.wm.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1895&context=facpubs
constitutional law or require inferior courts not to follow it. ... all federal laws from federal judicial review, it would eviscerate the Court's.
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https://scholarship.law.wm.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1895&context=facpubs
constitutional law or require inferior courts not to follow it. ... all federal laws from federal judicial review, it would eviscerate the Court's.
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56
Vavilov and the Culture of Justification in Contemporary ...
https://www.canlii.org/en/commentary/doc/2020CanLIIDocs3618
2 Most judicial review cases in Canada involve substantive review of ... of Justification” (2019) 17 International Journal of Constitutional Law 1078.
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https://www.canlii.org/en/commentary/doc/2020CanLIIDocs3618
2 Most judicial review cases in Canada involve substantive review of ... of Justification” (2019) 17 International Journal of Constitutional Law 1078.
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57
THE WANDERING DOCTRINE OF CONSTITUTIONAL FACT
https://arizonalawreview.org/pdf/59-2/59arizlrev289.pdf
bearings in requiring courts to independently review the constitutional fact-finding of administrative agencies. This Article, by evaluating justifications ...
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https://arizonalawreview.org/pdf/59-2/59arizlrev289.pdf
bearings in requiring courts to independently review the constitutional fact-finding of administrative agencies. This Article, by evaluating justifications ...
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58
15. Judicial Review - Australian Law Reform Commission
https://www.alrc.gov.au/wp-content/uploads/2019/08/fr_129ch_15._judicial_review.pdf
Australian Constitution. 417. Principle of legality. 420. International law. 422. Bills of rights. 422. Justifications for limits on judicial review.
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https://www.alrc.gov.au/wp-content/uploads/2019/08/fr_129ch_15._judicial_review.pdf
Australian Constitution. 417. Principle of legality. 420. International law. 422. Bills of rights. 422. Justifications for limits on judicial review.
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59
MISCELLANEOUS MATTERS: Judicial Review: Stare Decisis
https://www.armfor.uscourts.gov/digest/VG5.htm
(where a judicial decision is based on public policy and that policy has changed, the doctrine of stare decisis does not prohibit an appellate court from ...
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https://www.armfor.uscourts.gov/digest/VG5.htm
(where a judicial decision is based on public policy and that policy has changed, the doctrine of stare decisis does not prohibit an appellate court from ...
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60
chapter 11 substantive review and justification scope - UNECE
https://unece.org/fileadmin/DAM/env/pp/compliance/C2011-64/Communication/Annex26_ch11_DeSmith-SubstantiveReview_Justification.pdf
The constitutional context in which the courts carry out judicial review of ... There are some areas of substantive review where the courts do not accord.
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https://unece.org/fileadmin/DAM/env/pp/compliance/C2011-64/Communication/Annex26_ch11_DeSmith-SubstantiveReview_Justification.pdf
The constitutional context in which the courts carry out judicial review of ... There are some areas of substantive review where the courts do not accord.
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61
Judicial Review Lecture - LawTeacher.net
https://www.lawteacher.net/lectures/public-law/judicial-review/what-is-judicial-review/
This would mean that courts would be straying into an area that the constitution did not afford to it. The courts' role was merely to consider whether the ...
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https://www.lawteacher.net/lectures/public-law/judicial-review/what-is-judicial-review/
This would mean that courts would be straying into an area that the constitution did not afford to it. The courts' role was merely to consider whether the ...
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62
The Evolution of Constitutional Theory in the states, 1790-1860
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5275&context=penn_law_review
peculiarly American doctrine of judicial review of legislation. The ... the Supreme Court would exercise the power of review and observes.
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https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=5275&context=penn_law_review
peculiarly American doctrine of judicial review of legislation. The ... the Supreme Court would exercise the power of review and observes.
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63
Paul Daly: The Culture of Justification in Administrative Law
https://ukconstitutionallaw.org/2020/07/06/paul-daly-the-culture-of-justification-in-administrative-law/
A judge conducting a judicial review is hemmed in by a variety of objective considerations: institutional constraints, constitutional ...
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https://ukconstitutionallaw.org/2020/07/06/paul-daly-the-culture-of-justification-in-administrative-law/
A judge conducting a judicial review is hemmed in by a variety of objective considerations: institutional constraints, constitutional ...
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64
Non-Judicial Review - Scholarship @ GEORGETOWN LAW
https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1236&context=facpub
ism requires courts to dominate constitutional review. He provides three di- ... to constitutional norms than would judicial review.4 A number of non-.
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https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1236&context=facpub
ism requires courts to dominate constitutional review. He provides three di- ... to constitutional norms than would judicial review.4 A number of non-.
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65
Judicial Review | Encyclopedia.com
https://www.encyclopedia.com/social-sciences-and-law/law/law/judicial-review
The classic justification for judicial review was set forth by Chief ... does not imply judicial review, for the Constitution requires the oath of all ...
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https://www.encyclopedia.com/social-sciences-and-law/law/law/judicial-review
The classic justification for judicial review was set forth by Chief ... does not imply judicial review, for the Constitution requires the oath of all ...
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66
Lord Sales - Long waves of constitutional principle lecture
https://www.supremecourt.uk/docs/lord-sales-long-waves-of-constitutional-principle-lecture.pdf
Speaking about the judicial contribution to constitutional law ... with procedural rules which, by requiring justifications to be given.
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https://www.supremecourt.uk/docs/lord-sales-long-waves-of-constitutional-principle-lecture.pdf
Speaking about the judicial contribution to constitutional law ... with procedural rules which, by requiring justifications to be given.
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67
Judicial Review and Parliamentary Debate
https://commons.allard.ubc.ca/cgi/viewcontent.cgi?article=1650&context=fac_pubs
deference and its relationship to judicial review, making a case for ... 40 The Israeli Supreme Court—with no express constitutional mandate to do so— has ...
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https://commons.allard.ubc.ca/cgi/viewcontent.cgi?article=1650&context=fac_pubs
deference and its relationship to judicial review, making a case for ... 40 The Israeli Supreme Court—with no express constitutional mandate to do so— has ...
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68
Even the Founders Didn't Believe in Originalism - The Atlantic
https://www.theatlantic.com/ideas/archive/2022/09/supreme-court-originalism-constitution-framers-judicial-review/671334/
The crucial point is that judicial review cannot be justified by either the text of the Constitution or the Framers' intent as expressed at ...
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https://www.theatlantic.com/ideas/archive/2022/09/supreme-court-originalism-constitution-framers-judicial-review/671334/
The crucial point is that judicial review cannot be justified by either the text of the Constitution or the Framers' intent as expressed at ...
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69
Indeterminacy, Justification and Truth in Constitutional Theory
https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2960&context=flr
It has been accepted for inclusion in Fordham Law Review by an authorized ... traditional apologetics, constitutional doctrine does not provide determi-.
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https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=2960&context=flr
It has been accepted for inclusion in Fordham Law Review by an authorized ... traditional apologetics, constitutional doctrine does not provide determi-.
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70
What Makes an Administrative Decision Unreasonable?
https://onlinelibrary.wiley.com/doi/10.1111/1468-2230.12581
Positively, it proposes that reasonableness be understood as a requirement of 'relativised justification': a decision must be justified relative ...
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https://onlinelibrary.wiley.com/doi/10.1111/1468-2230.12581
Positively, it proposes that reasonableness be understood as a requirement of 'relativised justification': a decision must be justified relative ...
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71
A Tri-Dimensional Concept of Administrative-Constitutional Law
https://researchrepository.wvu.edu/cgi/viewcontent.cgi?article=3413&context=wvlr
demand an independent judicial judgment on the facts or even a judicial trial de novo ... It ought to be rechristened constitutional judicial review to dis-.
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https://researchrepository.wvu.edu/cgi/viewcontent.cgi?article=3413&context=wvlr
demand an independent judicial judgment on the facts or even a judicial trial de novo ... It ought to be rechristened constitutional judicial review to dis-.
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72
Judicial Change to the Law-in-Action of Constitutional Review ...
https://utrechtlawreview.org/articles/10.36633/ulr.689
While the main role of this type of review is to protect the freedoms and rights of individuals, one must still remember that it also affects ...
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https://utrechtlawreview.org/articles/10.36633/ulr.689
While the main role of this type of review is to protect the freedoms and rights of individuals, one must still remember that it also affects ...
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73
Marbury and the Judicial Act of 1789 - TU Law Digital Commons
https://digitalcommons.law.utulsa.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2418&context=tlr
TULSA LAW REVIEW refuses to require students to read Marbury when he teaches constitutional law.6. That decision, he declares, is "intellectually dishonest ...
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https://digitalcommons.law.utulsa.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2418&context=tlr
TULSA LAW REVIEW refuses to require students to read Marbury when he teaches constitutional law.6. That decision, he declares, is "intellectually dishonest ...
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74
Pro-Constitutional Engagement: Judicial Review, Legislative ...
https://repository.law.uic.edu/cgi/viewcontent.cgi?article=1810&context=facpubs
balances, and the rule of law.17 The courts would have to confront these constitutional concerns in conducting judicial review of preventive detention.
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https://repository.law.uic.edu/cgi/viewcontent.cgi?article=1810&context=facpubs
balances, and the rule of law.17 The courts would have to confront these constitutional concerns in conducting judicial review of preventive detention.
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75
Judicial Review and the Constitution - Bloomsbury Collections
https://www.bloomsburycollections.com/book/judicial-review-and-the-constitution/ch15-of-vires-and-vacuums-the-constitutional-context-of-judicial-review
The first view contends that judicial review of official action is justified by the doctrine of ultra vires; the second that it is justified by the inherent ...
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https://www.bloomsburycollections.com/book/judicial-review-and-the-constitution/ch15-of-vires-and-vacuums-the-constitutional-context-of-judicial-review
The first view contends that judicial review of official action is justified by the doctrine of ultra vires; the second that it is justified by the inherent ...
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76
James Madison and the Judicial Power | Constitution Center
https://constitutioncenter.org/news-debate/special-projects/a-madisonian-constitution-for-all/essay-series/james-madison-and-the-judicial-power
Although he worried that judges would never possess the same political advantages as legislators, he believed that the Supreme Court would play a critical role ...
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https://constitutioncenter.org/news-debate/special-projects/a-madisonian-constitution-for-all/essay-series/james-madison-and-the-judicial-power
Although he worried that judges would never possess the same political advantages as legislators, he believed that the Supreme Court would play a critical role ...
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77
Article 4. Judicial Review. § 150B-43. Right to judicial review ...
https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_150B/Article_4.pdf
If an administrative law judge did not make a final decision in the case, the court shall remand the case to the agency that conducted the administrative ...
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https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_150B/Article_4.pdf
If an administrative law judge did not make a final decision in the case, the court shall remand the case to the agency that conducted the administrative ...
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78
The Independent Review of Administrative Law - GOV.UK
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/970797/IRAL-report.pdf
constitutional place of judicial review, including: whether certain types of ... government and other public authorities therefore require authority.
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https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/970797/IRAL-report.pdf
constitutional place of judicial review, including: whether certain types of ... government and other public authorities therefore require authority.
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79
Precedent and Constitutional Structure - NDLScholarship
https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=2334&context=law_faculty_scholarship
ABSTRACT-The Constitution does not talk about precedent, at least not ... the principle of deference requires a special justification for overruling that.
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https://scholarship.law.nd.edu/cgi/viewcontent.cgi?article=2334&context=law_faculty_scholarship
ABSTRACT-The Constitution does not talk about precedent, at least not ... the principle of deference requires a special justification for overruling that.
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80
6. Constitutional Review | - OECD iLibrary
https://www.oecd-ilibrary.org/sites/0a0bcbbf-en/index.html?itemId=/content/component/0a0bcbbf-en
With both mild- and weak-form judicial reviews, judges' rulings on constitutional questions are expressly open to legislative revision in the short run. Courts ...
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https://www.oecd-ilibrary.org/sites/0a0bcbbf-en/index.html?itemId=/content/component/0a0bcbbf-en
With both mild- and weak-form judicial reviews, judges' rulings on constitutional questions are expressly open to legislative revision in the short run. Courts ...
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81
Dunsmuir v. New Brunswick - SCC Cases
https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2408/index.do
All decision-making powers have legal limits, derived from the enabling statute itself, the common or civil law or the Constitution. Judicial review is the ...
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https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2408/index.do
All decision-making powers have legal limits, derived from the enabling statute itself, the common or civil law or the Constitution. Judicial review is the ...
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82
Marbury v. Madison: Primary Documents in American History
https://guides.loc.gov/marbury-v-madison
The U.S. Supreme Court case Marbury v. Madison (1803) established the principle of judicial review—the power of the federal courts to declare ...
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https://guides.loc.gov/marbury-v-madison
The U.S. Supreme Court case Marbury v. Madison (1803) established the principle of judicial review—the power of the federal courts to declare ...
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83
What Is the Constitutional Avoidance Doctrine?
https://constitution.findlaw.com/article3/annotation13.html
Chief Justice Marshall saw judicial review as implicit in the Constitution because, among other reasons, written constitutions are the paramount ...
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https://constitution.findlaw.com/article3/annotation13.html
Chief Justice Marshall saw judicial review as implicit in the Constitution because, among other reasons, written constitutions are the paramount ...
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84
Departmentalism, Judicial Supremacy and DACA - Lawfare Blog
https://www.lawfareblog.com/departmentalism-judicial-supremacy-and-daca
Given the traditional focus of judicial review on legislative power, ... oaths to uphold the requirements of the Constitution—would be under ...
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https://www.lawfareblog.com/departmentalism-judicial-supremacy-and-daca
Given the traditional focus of judicial review on legislative power, ... oaths to uphold the requirements of the Constitution—would be under ...
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85
The Core Of An Uneasy Case For Judicial Review
https://dash.harvard.edu/bitstream/handle/1/11222677/fallon_judicialreview.pdf?sequence=1&isAllowed=y
Professor Fallon's revised justification for judicial review, which does not ... Ralph S. Tyler, Jr. Professor of Constitutional Law, Harvard Law School.
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https://dash.harvard.edu/bitstream/handle/1/11222677/fallon_judicialreview.pdf?sequence=1&isAllowed=y
Professor Fallon's revised justification for judicial review, which does not ... Ralph S. Tyler, Jr. Professor of Constitutional Law, Harvard Law School.
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86
Why Liberals and Conservatives Flipped on Judicial Restraint
https://texaslawreview.org/why-liberals-and-conservatives-flipped-on-judicial-restraint-judicial-review-in-the-cycles-of-constitutional-time/
For example, while conservative originalism began as a justification for ... the idea of a living Constitution as a justification for judicial review, ...
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https://texaslawreview.org/why-liberals-and-conservatives-flipped-on-judicial-restraint-judicial-review-in-the-cycles-of-constitutional-time/
For example, while conservative originalism began as a justification for ... the idea of a living Constitution as a justification for judicial review, ...
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87
Judicial Review vs. Democracy in Comparative Perspective
https://scholarship.richmond.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2386&context=lawreview
ANALYSIS OF CONSTITUTIONAL LAW (1988); Robert A. Dahl, Decision-Making in a Democracy: The Supreme Court as a National Policy-Maker, 6 J. PUB. L. 279 ( ...
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https://scholarship.richmond.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=2386&context=lawreview
ANALYSIS OF CONSTITUTIONAL LAW (1988); Robert A. Dahl, Decision-Making in a Democracy: The Supreme Court as a National Policy-Maker, 6 J. PUB. L. 279 ( ...
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88
Abusive Judicial Review: Courts Against Democracy
https://lawreview.law.ucdavis.edu/issues/53/3/53-3_Landau_Dixon.pdf
constitutional courts can, and do, play an important role in protecting ... Our definition of abusive judicial review requires that judges.
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https://lawreview.law.ucdavis.edu/issues/53/3/53-3_Landau_Dixon.pdf
constitutional courts can, and do, play an important role in protecting ... Our definition of abusive judicial review requires that judges.
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89
JUDICIAL REVIEW: STANDING AND TIMING *
http://www.clrc.ca.gov/pub/BKST/BKST-Asimow5.pdf
If the constitutional provision in question does not, as a matter of substantive law, protect local government, the suit should be dismissed on the merits, not ...
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http://www.clrc.ca.gov/pub/BKST/BKST-Asimow5.pdf
If the constitutional provision in question does not, as a matter of substantive law, protect local government, the suit should be dismissed on the merits, not ...
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90
SOURCEBOOK OF FEDERAL JUDICIAL REVIEW STATUTES
https://www.acus.gov/sites/default/files/documents/revised-sourcebook-combined-copy-to-circ-may282021.pdf
possible, to interpret a potentially preclusive statute in a way that does not bar assertion of constitutional challenges to agency action. 28.
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https://www.acus.gov/sites/default/files/documents/revised-sourcebook-combined-copy-to-circ-may282021.pdf
possible, to interpret a potentially preclusive statute in a way that does not bar assertion of constitutional challenges to agency action. 28.
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91
Judicial Supremacy and the End of Judicial Restraint
https://www.californialawreview.org/wp-content/uploads/2014/10/05-Kramer.pdf
justifications for judicial review emerged in the Founding era. The first, which ... the Constitution “requires the exercise of the same LEGAL DISCRETION as.
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https://www.californialawreview.org/wp-content/uploads/2014/10/05-Kramer.pdf
justifications for judicial review emerged in the Founding era. The first, which ... the Constitution “requires the exercise of the same LEGAL DISCRETION as.
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92
The Quandary of Judicial Review | National Review
https://www.nationalreview.com/2015/04/quandary-judicial-review/
Laws that do not infringe on legitimate constitutional rights should be reviewed under a rational-basis test, and upheld. Laws that affect a ...
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https://www.nationalreview.com/2015/04/quandary-judicial-review/
Laws that do not infringe on legitimate constitutional rights should be reviewed under a rational-basis test, and upheld. Laws that affect a ...
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93
The Constitutional Foundations of Reasonableness Review
https://www.euppublishing.com/doi/full/10.3366/elr.2022.0781
Judicial review of the executive faces a constant threat of constitutional illegitimacy. Historically, this manifested in a conflict between the common law ...
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https://www.euppublishing.com/doi/full/10.3366/elr.2022.0781
Judicial review of the executive faces a constant threat of constitutional illegitimacy. Historically, this manifested in a conflict between the common law ...
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94
Can you devise an effective ouster clause to exclude a ...
https://www.kingsleynapley.co.uk/insights/blogs/public-law-blog/can-you-devise-an-effective-ouster-clause-to-exclude-a-category-of-decision-making-from-judicial-review
The rule of law demands that the courts retain a supervisory jurisdiction over the exercise of public power in the form of judicial review. This ...
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https://www.kingsleynapley.co.uk/insights/blogs/public-law-blog/can-you-devise-an-effective-ouster-clause-to-exclude-a-category-of-decision-making-from-judicial-review
The rule of law demands that the courts retain a supervisory jurisdiction over the exercise of public power in the form of judicial review. This ...
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95
"The demise of ultra-vires - a reply to Christopher Forsyth and ...
http://www.austlii.edu.au/nz/journals/CanterLawRw/2002/10.html
[6] The following identifies the common law origins of judicial review from ... was the constitutional justification for this extension of judicial review?'
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http://www.austlii.edu.au/nz/journals/CanterLawRw/2002/10.html
[6] The following identifies the common law origins of judicial review from ... was the constitutional justification for this extension of judicial review?'
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96
The Fundamentals of Constitutional Courts - International IDEA
https://www.idea.int/sites/default/files/publications/the-fundamentals-of-constitutional-courts.pdf
constitutional review, carried out either by a specialized constitutional ... courts, unlike courts of general jurisdiction, do not preside over civil or ...
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https://www.idea.int/sites/default/files/publications/the-fundamentals-of-constitutional-courts.pdf
constitutional review, carried out either by a specialized constitutional ... courts, unlike courts of general jurisdiction, do not preside over civil or ...
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97
Constitutional Law in an Age of Proportionality
https://www.yalelawjournal.org/article/constitutional-law-in-an-age-of-proportionality
Third, proportionality principles and structured proportionality review provide a better bridge between courts and other branches of government, ...
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https://www.yalelawjournal.org/article/constitutional-law-in-an-age-of-proportionality
Third, proportionality principles and structured proportionality review provide a better bridge between courts and other branches of government, ...
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98
24.8 Grounds for Judicial Review: Constitutional Violations
https://mitchellhamline.edu/minnesota-administrative-procedure/24-8-grounds-for-judicial-review-constitutional-violations/
A common constitutional challenge is that the rule purports to classify affected parties without a rational basis for the classification, thereby raising an ...
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https://mitchellhamline.edu/minnesota-administrative-procedure/24-8-grounds-for-judicial-review-constitutional-violations/
A common constitutional challenge is that the rule purports to classify affected parties without a rational basis for the classification, thereby raising an ...
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